MOHAMMED JAHEER Vs. M.V.MOHAMMED HUSSAIN WALAYATA

JUDGEMENT

(1.) Heard Shri M. Hussain, the learned counsel appearing for the appellants; and Shri V.R. Mundra, the learned counsel appearing for the respondents.

(2.) In Regular Civil Suit No.201 of 1983, the learned Joint Civil Judge, Senior Division, Gondia, passed a decree on 13.11.1991 declaring the plaintiffs as the owners in respect of their 1/3rd share in the suit property. The further declaration is granted that the saledeed dated 24.11.983 in respect of the suit property executed in favour of the original defendant M.V. Mohammad Hussain Walayata is inoperative and does not give a complete title of the suit property. A decree for permanent injunction is also passed restraining the defendant from disturbing the possession of the plaintiffs to the extent of their respective share in the suit property.

(3.) Since the claim of the plaintiffs was for half of the share in the suit property and the Trial Court granted only 1/3rd share in the suit property, the plaintiffs preferred Regular Civil Appeal No.14 of 1992. The defendant preferred Regular Civil Appeal No.18 of 1992 challenging the judgment and decree passed by the Trial Court. Both these appeals are decided by a common judgment and order dated 22.12.1994 by the learned Additional District Judge, Gondia. The appeals are partly allowed and a decree passed by the Trial Court is modified and substituted. It is held that the plaintiffs are the owners of 1/7th share in the suit property, whereas the defendant is the owner of 6/7th share in the suit property. The saledeed dated 24.1.1983 is held to be invalid to the extent of 1/7th share of the plaintiffs in the suit property and the order of permanent injunction is passed restraining the defendant from obstructing the possession of the plaintiffs over 1/7th share in the suit property.